Conflict-of-interest probe launched against District of Lunenburg councillor

District of Lunenburg councillors voted Tuesday night to call an inquiry into one of their own for a possible breach of conflict of interest rules.

The province will appoint a judge or a lawyer to investigate. If that person finds Coun. Frank Fawson did breach the Municipal Conflict of Interest Act, it says he “shall” forfeit his seat.

Councillors also voted to get a legal opinion on whether Fawson and another councillor, Terry Dorey, breached the municipality’s code of conduct.

Dorey grabbed his briefcase and walked out of council chambers when Coun. Don Zwicker introduced the motion, despite Mayor Don Downe telling him council was still in session.

If the two men are found to have breached the muncipality’s code of conduct, they will be subject to sanctions determined by the chief administrative officer based on recommendations by staff.

Zwicker introduced both motions.

He said council has been under “extreme pressure” for months because of comments Fawson has been making in the local newspaper both in articles and a letter to the editor.

Zwicker said Fawson is “questioning our credibility and questioning the mayor’s credibility and questioning staff’s credibility. This is not decorum. This is just plain abuse and I guess in modern day terms you might even say bullying.”

He asked for an inquiry under the Municipal Conflict of Interest Act regarding Fawson’s actions respecting his request to take out street lights on the street where he lives in Dayspring, his recent action respecting fire services, his statement regarding openness and transparency of council “and any other statements made by Coun. Fawson against Mayor Downe, municipal council as a whole and or municipal staff.”

Fawson and councillors Errol Knickle and Terry Dorey were the only ones to vote against the motion.

Dorey said councillors are free to say what they believe. “What happens in council doesn’t negate the right of any of us to express our views in a public paper.”

Zwicker, however, said if a councillor has concerns about perceived lack of transparency, openness or accountability, “this is the place to bring them forward and disucss them, not here,” he said, pointing to a newspaper.

He said councillors are obliged to be professional and accountable “but there are those making it extremely difficult to fulfil our duties and we’re hearing it on a regular basis: ‘What are you doing up there?’ It reflects on all of us and reflects negatively. We cannot, in my view, continue in this mode or we will self-destruct.”

Lee Nauss begins his 47th year on council this September and said he has never seen so much conflict as in the past 18 months. “We are splitting ourselves and we’re not accomplishing what we’re here for, for the best for our residents. It’s got to stop.”

Coun. Martin Bell said certain councillors are going public with grievances they don’t want to address at the council table.

He said council went in camera twice to discuss an issue but the councillor who wanted to talk about it walked out of the room both times. “Wouldn’t even discuss the matter and then all of a sudden, a couple of days later, it’s discussed publicaly in a public forum," he said, referring to the paper.

An emotional Coun. Cathy Moore said it “really rips my heart out” to vote in favour of the inquiry because she has served with Fawson for years, but she said she is tired of reading allegations that council is dysfunctional.

She said she works hard and councillors want to be able to work together and move forward on issues. “What’s going on, I’m tired of this, I’m getting tired of seeing council put down. We’re all part of council. We may disagree, but we leave it at the table, you come back and you go at it again. But these letters to the paper are very insulating to my intelligence.”

Council also is getting the opinion of its solicitor on whether Fawson breached its code of conduct with his actions regrading fire services in the region by writing a, letter to the editor and sending out a mass email to all firefighters.

It is also getting a legal opinion on whether Fawson and Dorey’s unsubstantiated yet public suggestions that council is not open or transparent breach its code of conduct.

The code says councillors must not “pursue any procedure calculated to embarrass a fellow member of council or member of staff.”

It also says, “council members will make no disparaging remarks in or out of council about other members of council or their opinions but will reserve the right to make respectful and honest criticisms.”